“As to the Applicant’s argument that this is electronic information was surreptitiously obtained without the Applicant’s knowledge or consent, the case law directs that that relevant evidence, even improperly obtained, is admissible: Grech v. Scherrer, 2018 ONSC 7206 at paras 30 and 32-34; Garrett v. Oldfield, 2014 ONSC 508 at paras 29-34.
In Gonzalez v. Gonzales, 2016 BCCA 761 a computer was purchased for the family, the complainant used it only casually when in the matrimonial home and documents in question were readily accessible because the home computer did not have a password. The Court of Appeal held that “any expectation of privacy” which the complainant would have would be slight.”
Similarly in Greenhalgh v. Verwey, 2018 ONSC 3535, the Court held that where a party takes no steps to resrict access to a computer and does not seek the computer’s return at any point, that party has a lessened expectation of privacy.”